Hernandez v. Chappell, No. 11-99013 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit reversed the district court's denial of habeas relief as to petitioner's guilt phase claims and vacated his convictions. In this case, a jury convicted defendant of two counts of first degree murder, two counts of rape, and two counts of forcible sodomy. The panel held that had counsel performed effectively and investigated and presented a diminished mental capacity defense based on mental impairment, there was a reasonable probability that at least one juror would have had a reasonable doubt as to whether petitioner could have formed the requisite mental state for first degree murder.
Court Description: Habeas Corpus The panel reversed the district court’s denial of a writ of habeas corpus as to Francis Hernandez’s guilt phase claims relating to first degree murder, vacated his convictions on those counts, and remanded. The panel held that had counsel performed effectively and investigated and presented a diminished mental capacity defense based on mental impairment, there is a reasonable probability that at least one juror would have had a reasonable doubt as to whether Hernandez could have formed the requisite mental state for first degree murder. Concurring in part and dissenting in part, Judge Nguyen wrote that even if the jury had considered the mental evidence of Hernandez’s mental condition, there is no reasonable possibility of a different outcome, and would deny the habeas petition.
The court issued a subsequent related opinion or order on January 14, 2019.
The court issued a subsequent related opinion or order on May 3, 2019.
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